Family Law And The Law On Child Custody

Child custody is when the parents of a child do not live together because their relationship has broken down. Often there is a dispute over who should take care of the children and how often the other parent should see the children. The dispute will usually be centred on the question of where the child should live, often referred to as "custody", although in England and Wales the correct legal term is "residency".

Residence Orders and Contact Orders
This is when the parents are unable to come to an reasonable agreement about where the child should live and on what basis the other parent will have access to the child, the Court will intervene. When deciding issues relating to child custody, the Court is required to always act in the best interests of the Child and must take into account a number of important factors including:

The risk of harm to the child
The wishes and feelings of the child
The child's physical, emotional and educational needs
The effect on the child of any change in circumstances
The capability and competence of each of the child's parents
The age, gender, background and characteristics of the child

In a decision on custody the Court will usually grant two orders. A Residence Order is used to declare which parent the child should live with permanently and a Contact Order is used to declare the rights of the parent who is not granted residency. The Court has a wide discretion to vary the terms of a Contact Order depending on what it considers to be in the child's best interests and so the rights of the parent who is not granted residency can range from visits supervised by a social worker, to holidays abroad with the child.

Residency and Contact orders are not limited to the parents of a child, and some other classes of person who have an interest in the child's wellbeing may also apply to the court for and order, this can include; a step parent of the child and anyone with whom the child has lived for 3 years.

In England and Wales it is possible for more than one person to be granted residency and allowed equal access to the children, this is referred to as a Shared Residency Order. Shared residency is unusual because in many case the court will not consider this to be in the best interests of the child. The reasons most commonly cited for refusing joint residency are the fact that the child needs the stability of living in one home, or that one of the parents is less able to care for the child.

Nonetheless, under child custody rules, where both parents wish to be involved in the upbringing of the child, where they are both equally capable and equally able to provide for the child's needs the Court may decide that shared residency would be beneficial.

Parental Responsibility
This is different from child custody, and is the right to be involved in important decisions relating to a child's upbringing. People with parental responsibility for a child will have a say over education and religious instruction and can consent to any medical procedures involving the child.

In England and Wales that fact that you are the father of a child does not automatically give you the right to parental responsibility unless you are married to the child's mother. For unmarried fathers, parental responsibility can only be obtained if you are named as the father on the child's birth certificate, by obtaining a court order or by entering into a parental responsibility agreement with the child's mother.

Family Law And The Law On Child Custody

When children are involved in a divorce, expect a war among both divorcing parents regarding who gets custody of them. In this article, we take a closer look on how the laws on divorce work with regard to child custody and how the court decides on which parent is granted custody of the children during the divorce process.

Child custody laws provide a formal structure for the relationship between children and parents after a divorce. The purpose of these laws is to ensure that children continue to receive adequate care from their parents, despite the changes that divorce and separation may bring to the family.

Child custody disputes are usually the most difficult part of any divorce. To handle this situation you need a family law attorney. Read this article to know about comments of San Jose family law attorney on child custody arrangements.

From divorce and child custody to complex martial property division and business valuation, you can rely on Dallas Family Law Attorneys to protect your interests in family law proceedings. The family law services of Dallas Child Support Attorneys go well beyond the courtroom. You can get the personalized attention you deserve with the extremely professional and tenacious lawyers at Texas. The extr

From divorce and child custody to complex martial property division and business valuation, you can rely on Dallas Family Law Attorneys to protect your interests in family law proceedings. The family law services of Dallas Child Support Attorneys go well beyond the courtroom. You can get the personalized attention you deserve with the extremely professional and tenacious lawyers at Texas. The extr

To provide equanimity for divorcing parents to provide for their children, child support laws were established. Once the selection of the custodial parent has take place, the differences in income are established and , depending on how significant those differences are, payments are established.

It is the court that determines which parent should raise the child depending upon many factors relating to child’s safety, physical, moral and mental welfare, and happiness.Even if the parents have come up with some pre-divorce agreement the court holds the right to invalidate it if it proves to be inconsistent in standard.

Today there is more and more software being developed for family law. There are software programs that aid with divorce, adoption, child custody etc. One particular type of child custody software are programs that allow the user to create a child custody agreement. Here are some of the features and benefits that these programs have.

Today there's more and additional software being developed for family law. There are software programs that aid with divorce, adoption, kid custody etc. One specific kind of kid custody software are programs that enable the user to make a kid custody agreement.